Is the approval of association members required, when alterations to the clubhouse include a color change?

By December 9, 2014Questions & Answers

Issue: My homeowners association is repainting the clubhouse. The Board of Directors selected the color completely different from the original color painted by the Developer. In my opinion, it does not match the community at all. Are the homeowners required to approve changes like this?

A. D. Fort Myers

Answer: Your question is essentially whether homeowners associations are required to obtain membership consent for material alterations. The answer is no, unless your governing documents self-impose a membership approval requirement.

In a condominium, changing the paint color of the building is considered a material alteration, triggering Florida Statutes section 718.113. The statute requires a condominium association to obtain the approval of at least 75% of the entire voting interest to change the paint color unless the condominium documents specifically require a lower approval threshold.

It is critical to note that the membership approval requirements applicable to condominiums are not in Chapter 720 of the Florida Statutes governing homeowners associations. Thus, the general rule is that a homeowners association Board of Directors has control of the common areas unless your governing documents require the membership to approve this change. You should consult a licensed Florida attorney to determine whether your documents impose such a restriction.